Current through Register Vol. 49, No. 7, July, 2024
Rule 239.01.22-005 - Pre-Licensure Criminal Background Check Waiver RequestAct 748 - Pre-Licensure Criminal Background Check Waiver Request
Ark. Admin. Code 007.33.8-2 (Formerly cited as AR ADC 029.00.2)
PART 2.RULESA.APPLICATIONS FOR STATE BOARD EXAMINATIONS AND LICENSURE.7. Pre-Licensure Criminal Background Check Waiver RequestA. If an individual has been convicted of an offense listed in A.C.A. § 17- 3-102(a) or (e), the Board may waive disqualification of a potential applicant or revocation of a license based on the conviction if a request for a waiver is made by: 1. An affected applicant for a license; or2. An individual holding a license subject to revocation.B. The Board may grant a waiver upon consideration of the following, without limitation: 1. The age at which the offense was committed;2. The circumstances surrounding the offense;3. The length of time since the offense was committed;4. Subsequent work history since the offense was committed;5. Employment references since the offense was committed;6. Character references since the offense was committed;7. Relevance of the offense to the occupational license; and8. Other evidence demonstrating that licensure of the applicant does not pose a threat to the health or safety of the public.C. A request for a waiver, if made by an applicant, must be in writing and accompany the completed application and fees.D. The Board will respond with a decision in writing and will state the reasons for the decision.E. An appeal of a determination under this section will be subject to the Administrative Procedures Act § 25-15-201 et seq.239.01.22 Ark. Code R. § 005
Adopted by Arkansas Register Volume 47 Number 05, Effective 5/2/2022